Page No.# 1/3 GAHC010131772024 2025:GAU-AS:6597 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3370/2024 ATUL BORAH S/O- LATE BOGIRAM BORAH, R/O- VILLAGE TINGALIBORI, P.S- GOHPUR, P.O- SIMALUGURI, DIST- BISWANATH, PIN-784168, ASSAM VERSUS THE STATE OF ASSAM AND 4 ORS REP. BY THE SECRETARY TO THE GOVT. OF ASSAM ,DEPARTMENT OF SCHOOL EDUCATION DISPUR, GUWAHATI- 781006 2:THE CHIEF SECRETARY CUM CHAIRMAN OF THE STATE LEVEL COMMITTEE ASSAM DISPUR GUWAHATI-06 3:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI- 781019. 4:THE DEPUTY COMMISSIONER CUM CHAIRMAN OF THE DISTRICT LEVEL COMMITTEE JORHAT ASSAM PIN-787001 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER JORHAT ASSAM PIN-78700 Page No.# 2/3 Advocate for the Petitioner : MR J PAYENG, MR P NEOG Advocate for the Respondent : GA, ASSAM, SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR ORDER Date : 26.05.2025 Heard Mr. J. Payeng, learned counsel for the petitioner. Also heard Ms. S. Chutia, learned standing counsel, Elementary Education Department for the respondent Nos. 1, 3 and 5 and Mr. B. Deuri, learned Govt. Advocate for the respondent Nos. 2 and 4. 2. The father of the petitioner late Bogiram Borah, while serving as an Assistant Teacher of Madhya Ahatguri M. E. School in the district of Jorhat (Presently under Majuli District), died-in-harness on 27.03.2012. Thereafter, the petitioner made an application on 07.05.2012, before the District Elementary Education Officer, Jorhat, Assam in the prescribed format for appointment on compassionate grounds for the post of Grade-IV. 3. The District Level Committee in its meeting held on 11.09.2013, considered and recommended the case of the petitioner for appointment to a Grade-IV post for the year 2006-2007. However, the State Level Committee in its meeting held on 16.06.2016, rejected the case of the petitioner on the ground of lack of vacancy. Being aggrieved, the petitioner is before this Court by way of the present writ petition. 4. A perusal of the minutes of the meeting of the District Level Committee held on 11.09.2013, clearly indicates that there was 1(one) clear vacancy Page No.# 3/3 available under compassionate grounds for the year 2006-2007. The DLC accordingly recommended the case of the petitioner for appointment to a Grade-IV post in the said vacancy for the year 2006-2007. However, the SLC in its meeting held on 16.06.2016, rejected the case of the petitioner on the ground of lack of vacancy. 5. When there was a clear vacancy for the year 2006-2007 for appointment on compassionate grounds under the 5% reservation, this Court is of the considered opinion that the State Level Committee has erred in its decision while rejecting the case of the petitioner on the ground of lack of vacancy. 6. Accordingly, the Minutes of the State Level Committee dated 16.06.2016 is set aside and quashed insofar as the petitioner is concerned. The matter is remanded back to the State Level Committee to reconsider the case of the petitioner in terms of the recommendation made by the DLC in its meeting held on 11.09.2013. 7. In the event, if the SLC comes to the finding that there is no vacancy for accommodating the petitioner for the year 2006-2007, the SLC shall invoke Clause-15 of the O.M. dated 01.06.2015 and thereafter pass appropriate orders. Let such exercise be taken and completed in the next immediate sitting of the SLC. 8. With the above observations and directions, this writ petition stands disposed of. JUDGE Comparing Assistant